RAM CHANDRA SINGH Vs. S

JUDGEMENT

(1.) These three writ applications have been heard together and are being disposed of by this common Judgment. In C.W.J.C. No. 76 of 1982 and C.W.J.C. No. 1459 of 1982, the petitioner has prayed for issuance of a writ of certiorari for quashing the order of the Sub-Divisional Officer, Hajipur dated 1-9-1981 passed in Case No. 14 of 1980-81 in connection with Case No. RI/ of 1986 and case No. R/16 of 1986 as contained in Annexure-5 to C.W.J.C. No. 76 of 1982 and Annexure-3 to C.W.J.C. No. 1459 of 1982 and further for a writ or order in the nature of mandamus directing the respondents to put the petitioner in possession of the lands whereby and whereunder applications filed by him under S.16(3)(i) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1981 (hereinafter referred to as 'the Act') were allowed by the learned Sub-Divisional Officer and wherefor sale deeds have been executed by the Court concerned in terms of O.21, R.34 of the Civil P.C. read with S.16(3)(ii) of the Act.

(2.) C.W.J.C. No. 2083 of 1985 has been filed by the petitioners, thereafter for claiming inter alia therein the following reliefs : "(i) A writ in the nature of certiorari quashing the order dated 19-8-1969 contained in Annexure-3 and all subsequent actions in pursuance thereof be issued. (ii) An appropriate writ, order or direction commanding the respondents first and third parties to forbear from interfering in any way with the petitioner's possession over the land in dispute be issued." Before proceeding to decide the issues involved in these three writ applications, the facts of the case may be noted.

(3.) The lands in question which are involved in these writ applications admittedly belonged to the Mst. Samia. The said Mst. Samia executed two registered sale deeds on 22-11-65 in respect of the lands in question in favour of Mst. Mania (respondent No. 4 in both C.W.J.C. No. 76 of 1982 and C.W.J.C. No. 1459 of 1982). One Pritlal Singh, who was allegedly the co-sharer and was holding land adjoining to lands in question (the predecessor in interest of the petitioners in C.W.J.C. No. 1459 of 1982) filed two applications for pre-emption purported to be under S.16(3)(i) of the Act in respect of the lands covered under the aforementioned sale deeds and the case was registered as Case No. RI/15 of 1966 and RI/16 of 1966 respectively. Both the aforementioned applications were filed on 3-12-1965 and the petitioners of the aforementioned two writ applications Mst. Mania appeared in the said cases and filed her show cause on 30th April, 1966 stating therein that Mst. Samia had cancelled the sale deed on 10-3-1966 owing to non-payment of consideration amount and the original Kewala as also in view of the fact that the deeds of sale were with the vendor Mst. Samia she was not interested in the land in question.